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Lotus Property Dev. v. Greer

The parties' contract extension for the sale of a 148 acres in Henry county was not enforceable as it was unsupported by consideration.

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Lotus Property Development, L.L.C., appeals from the trial court’s grant of summary judgment to property owners Robert Greer, William Greer, and the Greer Family Limited Partnership collectively, “the Greers” in this breach of contract case. Finding no error, we affirm. “To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact, and that the undisputed facts, viewed in a light most favorable to the party opposing the motion, warrant judgment as a matter of law.” Citations omitted. WirelessMD v. Healthcare.com Corp. , 271 Ga. App. 461, 462 610 SE2d 352 2005. Our review of the grant or denial of summary judgment is de novo. Id.

So viewed, the evidence showed that, in October 2002, residential property developer Lotus Property entered into a contract with the Greers to purchase 148 acres in Henry County. In addition to the essential terms of a real property sales contract, the contract contained a section entitled “Other Terms,” which included the following statement: “Property shall be granted a zoning of PD from RA1 by the Henry County Board of Commissioners.” Further, the contract was contingent upon Lotus obtaining sufficient financing and securing sewage easements to run sewage pipes to the property. The closing date under the contract was to be on or before January 10, 2003.

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